February 4, 2005

Bob Herbert in today's Times

'In her decision, Judge Green wrote, "Although this nation unquestionably must take strong action under the leadership of the commander in chief to protect itself against enormous and unprecedented threats, that necessity cannot negate the existence of the most basic fundamental rights for which the people of this country have fought and died for well over 200 years."

'The fundamental right in the case of the Guantánamo detainees is the right not to be deprived of liberty without due process of law. A government with the power to spirit people away and declare that's the end of the matter is exactly the kind of government the United States has always claimed to oppose, and has sometimes fought. For the United States itself to become that kind of government is spectacularly scary.

'In seeking the stay of Judge Green's ruling, the administration showed yesterday that it is committed to being that kind of government.'